Law: Displaced Persons (Land Settlement) Act, 1958

Section: 10,12

Law: Constitution of Pakistan, 1973

Section: 185(3),199

Displaced Persons (Land Settlement) Act (XLVII of 1958)--   ---Ss.10 12--Constitution of Pakistan (1973), Arts.185(3) 199--Land Settlement-- Reduction in area of allotment without notice challenged in Constitutional jurisdiction--High Courts order declining to go into question of fact, impugn*ed--Plea raised that P.T.O. issued in petitioners favour could not be modified behind his back--Order of Notified Officer or High Court not indicating any proceedings in which petitioner was associated with a view to re-examine question as to his exact entitlement--Leave to appeal granted to examine legality of subsequent change made in entitlement and transfer documents initially issued in favour of petitioner. ORDER ZAFFAR HUSSAIN MIRZA, J.--The petitioner in this petition for leave to appeal from the judgment of a learned Single Judge of Sind High Court dated 3rd April, 1986, had applied on D.P. Form for transfer of an open plot, on the basis of his occupation and having raised a permanent construction thereon. In the application the petitioner had described the area under the construction as 2350 sq. ft. .from survey No. 824, Tando Muhammad Khan. The petitioner was duly issued appendix IX, on 3rd August, 1961 for area of 262 sq. yds. But it seems that a revised appendix was subsequently issued on 2nd May, 1963, for a much lesser area of 540 sq. ft. It also appears that a. P. T.D. was issued on the basis of the revised appendix. 2. The remaining area of the plot left after excluding the area included in the revised appendix, was disposed of by open public auction, comprising 4200 sq.ft. 3. According to the petitioner he had no notice of the proceedings and the orders whereby a revised appendix reducing the area of his allotment was issued. This seems to have led to a dispute about the area and the location of the petitioners plot, which according to the judgment of the High Court the Settlement Commissioner took up for resolution. The Settlement Commissioner called for the report of the Settlement Inspector according to which the petitioner was in actual occupation of 540 sq.ft. 4. As…

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